Kolkata in Vivek Kumar Katholia v. DCIT

142 ITD 394Income Tax Appellate Tribunal2013#2814 most cited

What is Kolkata in Vivek Kumar Katholia v. DCIT authority for?

Seized documents must be considered as a whole, meaning both income and expenditure reflected in them must be taken into account. The presumption under section 292C applies equally to all parts of seized documents and cannot be selectively applied.

42

judgments rely on this decision, according to BharatTax’s citation analysis of 366,470 Indian tax judgments — from 2019 to 2026.

Also referred to as

Vivek Kumar Katholia · DCIT · 142 ITD 394 · 32 Taxmann.com 331 · ITAT Kolkata · section 292C · presumption · seized documents · read as whole · income and expenditure · selective application

Also reported as

32 Taxmann.com 331

Sections most often in play

Section 132Section 132(4)Section 292CSection 132(4A)Section 115BBESection 69Section 131Section 131(1A)

Issues it is cited on

section 158bb(1)section 158bbsection 38admission of additional evidencesection 158bsection 91entry operatorsection 158share application moneysatisfaction notesection 132(4a)section 65b

Judgments citing Kolkata in Vivek Kumar Katholia v. DCIT

Skill Promoters Private Limited, Hyderabad vs. ACIT, Central Circle-2(3), Hyderabad

ITA 623/HYD/2022[2017-18]Status: DisposedITAT Hyderabad31 Oct 2023AY 2017-18

Bench: Shri R.K. Panda, Vice- & Shri K. Narasimha Charyappeal In Ita No Assessee Revenue A.Y 628/Hyd/2022 Skill Promoters, Acit, Central Circle 2014-15 Hyderabad 2(3) Hyderabad Pan:Aayfs9165Q 686/Hyd/2022 Acit, Central Circle Skill Promoters, 2014-15 2(3) Hyderabad Hyderabad Pan:Aayfs9165Q 629/Hyd/2022 -Do- -Do- 2015-16 687/Hyd/2022 -Do- -Do- 2015-16 630/Hyd/2022 -Do- -Do- 2016-17 677/Hyd/2022 Acit, Central Circle Skill Promoters (P) 2016-17 2(3) Hyderabad Ltd, Hyderabad Pan:Aawcs1257Q 688/Hyd/2022 -Do- Skill Promoters, 2016-17 Hyderabad Pan:Aayfs9165Q 622/Hyd/2022 Skill Promoters Pvt Acit, Central Circle 2016-17 Ltd, Hyderabad 2(3) Hyderabad Pan:Aawcs1257Q 678/Hyd/2022 -Do- -Do- 2017-18 623/Hyd/2022 -Do- -Do- 2017-18 679/Hyd/2022 -Do- -Do- 2018-19 624/Hyd/2022 -Do- -Do- 2018-19 680/Hyd/2022 Acit, Central Circle Skill Promoters Pvt 2019-20 2(3) Hyderabad Ltd, Hyderabad Pan:Aawcs1257Q 625/Hyd/2022 Skill Promoters Pvt Acit, Central Circle 2019-20 Ltd, Hyderabad 2(3) Hyderabad Pan:Aawcs1257Q 681/Hyd/2022 Acit, Central Circle Skill Promoters Pvt 2020-21 2(3) Hyderabad Ltd, Hyderabad Pan:Aawcs1257Q 626/Hyd/2022 Skill Promoters Pvt Acit, Central Circle 2020-21 Ltd, Hyderabad 2(3) Hyderabad Pan:Aawcs1257Q

For Appellant: Shri P. Murali Mohan Rao, CAFor Respondent: Shri Jeevanlal Lavidiya,CIT (DR)
Section 132Section 132(4)Section 139(4)Section 143(2)Section 153ASection 269SSection 40ASection 40A(3)

…pplies both ways. It does not confer discretionary power on the department to presume or not to presume the correctness of the seized documents or to presume correctness in parts. This was explained by the ITAT, Kolkata in Vivek Kumar Katholia vs DCIT (2013) (142 ITD 394/32 taxmann.com 331). Therefore, it is held that the assessee is entitled for the benefit of cash expenditure that was found during the search operation. As stated in the earlier paras, the disallowance Page 12 of 55 ITA Nos 628 and others Skill Promoters & Skill Promoters (P) Ltd u/s.40A(3) of cash expenditure by the AO himself goes on to pro…

Skill Promoters Private Limited, Hyderabad vs. ACIT, Central Circle-2(3), Hyderabad

ITA 622/HYD/2022[2016-17]Status: DisposedITAT Hyderabad31 Oct 2023AY 2016-17

Bench: Shri R.K. Panda, Vice- & Shri K. Narasimha Charyappeal In Ita No Assessee Revenue A.Y 628/Hyd/2022 Skill Promoters, Acit, Central Circle 2014-15 Hyderabad 2(3) Hyderabad Pan:Aayfs9165Q 686/Hyd/2022 Acit, Central Circle Skill Promoters, 2014-15 2(3) Hyderabad Hyderabad Pan:Aayfs9165Q 629/Hyd/2022 -Do- -Do- 2015-16 687/Hyd/2022 -Do- -Do- 2015-16 630/Hyd/2022 -Do- -Do- 2016-17 677/Hyd/2022 Acit, Central Circle Skill Promoters (P) 2016-17 2(3) Hyderabad Ltd, Hyderabad Pan:Aawcs1257Q 688/Hyd/2022 -Do- Skill Promoters, 2016-17 Hyderabad Pan:Aayfs9165Q 622/Hyd/2022 Skill Promoters Pvt Acit, Central Circle 2016-17 Ltd, Hyderabad 2(3) Hyderabad Pan:Aawcs1257Q 678/Hyd/2022 -Do- -Do- 2017-18 623/Hyd/2022 -Do- -Do- 2017-18 679/Hyd/2022 -Do- -Do- 2018-19 624/Hyd/2022 -Do- -Do- 2018-19 680/Hyd/2022 Acit, Central Circle Skill Promoters Pvt 2019-20 2(3) Hyderabad Ltd, Hyderabad Pan:Aawcs1257Q 625/Hyd/2022 Skill Promoters Pvt Acit, Central Circle 2019-20 Ltd, Hyderabad 2(3) Hyderabad Pan:Aawcs1257Q 681/Hyd/2022 Acit, Central Circle Skill Promoters Pvt 2020-21 2(3) Hyderabad Ltd, Hyderabad Pan:Aawcs1257Q 626/Hyd/2022 Skill Promoters Pvt Acit, Central Circle 2020-21 Ltd, Hyderabad 2(3) Hyderabad Pan:Aawcs1257Q

For Appellant: Shri P. Murali Mohan Rao, CAFor Respondent: Shri Jeevanlal Lavidiya,CIT (DR)
Section 132Section 132(4)Section 139(4)Section 143(2)Section 153ASection 269SSection 40ASection 40A(3)

…pplies both ways. It does not confer discretionary power on the department to presume or not to presume the correctness of the seized documents or to presume correctness in parts. This was explained by the ITAT, Kolkata in Vivek Kumar Katholia vs DCIT (2013) (142 ITD 394/32 taxmann.com 331). Therefore, it is held that the assessee is entitled for the benefit of cash expenditure that was found during the search operation. As stated in the earlier paras, the disallowance Page 12 of 55 ITA Nos 628 and others Skill Promoters & Skill Promoters (P) Ltd u/s.40A(3) of cash expenditure by the AO himself goes on to pro…

D.C.I.T., CC - 3(2), Kolkata vs. M/S. Salarpuria Properties Pvt. Ltd., Kolkata

In the result, appeals of the assessee as well as of the revenue are dismissed and cross objection of the assessee is allowed

ITA 736/KOL/2022[2005-2006]Status: DisposedITAT Kolkata24 May 2023AY 2005-2006

Bench: Shri Sanjay Garg & Shri Girish Agrawalassessment Year: 2005-06 Salarpuria Properties Pvt. Deputy Commissioner Of Ltd., C/O, M/S. Salarpuria Income-Tax, Circle- 1, Jajodia & Co., 3Rd Floor, 7, Vs. Kolkata. Chittaranjan Avenue, Kolkata-700072. (Pan: Aagcs8492P) (Appellant) (Respondent) & Assessment Year: 2005-06 Deputy Commissioner Of Salarpuria Properties Pvt. Vs. Income-Tax, Central Circle- Ltd., 3(2), Kolkata. (Appellant) (Respondent) & C.O. No.3/Kol/2023 In Ita No.736/Kol/2022 Assessment Year: 2005-06 Salarpuria Properties Pvt. Deputy Commissioner Of Vs. Ltd., Income-Tax, Central Circle- 3(2), Kolkata. (Cross Objector) (Respondent)

For Appellant: Shri S. Jhajaria, ARFor Respondent: Shri G. Hukugha Sema, CIT
Section 143(3)Section 147Section 69C

…IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH KOLKATA BEFORE SHRI SANJAY GARG, JUDICIAL MEMBER AND SHRI GIRISH AGRAWAL, ACCOUNTANT MEMBER Assessment Year: 2005-06 Salarpuria Properties Pvt. Deputy Commissioner of Ltd., C/o, M/s. Salarpuria Income-tax, Circle- 1, Jajodia & Co., 3rd floor, 7, Vs. Kolkata. Chittaranjan Avenue, Kolkata-700072. (PAN: AAGCS8492P) (Appellant) (Respondent) & Assessment Year: 2005-06 Deputy Commissioner of Salarpuria Properties Pvt. Vs. Income-tax, Central Circle- Ltd., 3(2), Kolkata. (Appellant) (Respondent) & C.O. No.3/Kol/2023 In ITA No.736/Kol/2022 Assessment Year: 2005-06 Salarpuria…

M/S Salarpuria Properties Pvt Ltd., Kolkata vs. D.C.I.T., CC-3(2), Kolkata

In the result, appeals of the assessee as well as of the revenue are dismissed and cross objection of the assessee is allowed

ITA 2502/KOL/2019[2005-06]Status: DisposedITAT Kolkata24 May 2023AY 2005-06

Bench: Shri Sanjay Garg & Shri Girish Agrawalassessment Year: 2005-06 Salarpuria Properties Pvt. Deputy Commissioner Of Ltd., C/O, M/S. Salarpuria Income-Tax, Circle- 1, Jajodia & Co., 3Rd Floor, 7, Vs. Kolkata. Chittaranjan Avenue, Kolkata-700072. (Pan: Aagcs8492P) (Appellant) (Respondent) & Assessment Year: 2005-06 Deputy Commissioner Of Salarpuria Properties Pvt. Vs. Income-Tax, Central Circle- Ltd., 3(2), Kolkata. (Appellant) (Respondent) & C.O. No.3/Kol/2023 In Ita No.736/Kol/2022 Assessment Year: 2005-06 Salarpuria Properties Pvt. Deputy Commissioner Of Vs. Ltd., Income-Tax, Central Circle- 3(2), Kolkata. (Cross Objector) (Respondent)

For Appellant: Shri S. Jhajaria, ARFor Respondent: Shri G. Hukugha Sema, CIT
Section 143(3)Section 147Section 69C

…IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH KOLKATA BEFORE SHRI SANJAY GARG, JUDICIAL MEMBER AND SHRI GIRISH AGRAWAL, ACCOUNTANT MEMBER Assessment Year: 2005-06 Salarpuria Properties Pvt. Deputy Commissioner of Ltd., C/o, M/s. Salarpuria Income-tax, Circle- 1, Jajodia & Co., 3rd floor, 7, Vs. Kolkata. Chittaranjan Avenue, Kolkata-700072. (PAN: AAGCS8492P) (Appellant) (Respondent) & Assessment Year: 2005-06 Deputy Commissioner of Salarpuria Properties Pvt. Vs. Income-tax, Central Circle- Ltd., 3(2), Kolkata. (Appellant) (Respondent) & C.O. No.3/Kol/2023 In ITA No.736/Kol/2022 Assessment Year: 2005-06 Salarpuria…

DCIT, Central Cir -2(3), Chennai vs. Chandan Credits Ltd, Chennai

The appeals of the revenue stand allowed for statistical purposes

ITA 47/CHNY/2019[2009-10]Status: DisposedITAT Chennai25 Nov 2022AY 2009-10

Bench: Hon’Ble Shri Mahavir Singh & Hon’Ble Shri Manoj Kumar Aggarwal, Am

Section 143(3)

…sessee could not be added as the statement of the third party was recorded after the search and it was not related to the incriminating documents found during the search or evidence relating therefrom. iii. In Vivek Kumar Kanodia V Dy CIT & Vice Versa (2013) 142 ITD 394 (Kol 'A' Trib): (2012) 150 TTJ (Kol 'A' Trib) 462 it was stated that "revenue authorities failed to discharge onus by bringing on record some cogent evidence to disprove the contents of speaking documents, which clearly show sale of gold diamonds and investment in purchase of property and shares etc, which ought to have been accepted, as such, ad…

DCIT, Central Cir -2(3), Chennai vs. Chandan Credits Ltd, Chennai

The appeals of the revenue stand allowed for statistical purposes

ITA 46/CHNY/2019[2008-09]Status: DisposedITAT Chennai25 Nov 2022AY 2008-09

Bench: Hon’Ble Shri Mahavir Singh & Hon’Ble Shri Manoj Kumar Aggarwal, Am

Section 143(3)

…sessee could not be added as the statement of the third party was recorded after the search and it was not related to the incriminating documents found during the search or evidence relating therefrom. iii. In Vivek Kumar Kanodia V Dy CIT & Vice Versa (2013) 142 ITD 394 (Kol 'A' Trib): (2012) 150 TTJ (Kol 'A' Trib) 462 it was stated that "revenue authorities failed to discharge onus by bringing on record some cogent evidence to disprove the contents of speaking documents, which clearly show sale of gold diamonds and investment in purchase of property and shares etc, which ought to have been accepted, as such, ad…

DCIT, Central Cir-2(3), Chennai vs. Rai Shares & Securities P Ltd, Chennai

The appeals of the revenue stand allowed for statistical purposes

ITA 40/CHNY/2019[2011-12]Status: DisposedITAT Chennai25 Nov 2022AY 2011-12

Bench: Hon’Ble Shri Mahavir Singh & Hon’Ble Shri Manoj Kumar Aggarwal, Am

Section 143(3)

…sessee could not be added as the statement of the third party was recorded after the search and it was not related to the incriminating documents found during the search or evidence relating therefrom. iii. In Vivek Kumar Kanodia V Dy CIT & Vice Versa (2013) 142 ITD 394 (Kol 'A' Trib): (2012) 150 TTJ (Kol 'A' Trib) 462 it was stated that "revenue authorities failed to discharge onus by bringing on record some cogent evidence to disprove the contents of speaking documents, which clearly show sale of gold diamonds and investment in purchase of property and shares etc, which ought to have been accepted, as such, ad…

DCIT, Central Cir-2(3), Chennai vs. Rai Shares & Securities P Ltd, Chennai

The appeals of the revenue stand allowed for statistical purposes

ITA 39/CHNY/2019[2010-11]Status: DisposedITAT Chennai25 Nov 2022AY 2010-11

Bench: Hon’Ble Shri Mahavir Singh & Hon’Ble Shri Manoj Kumar Aggarwal, Am

Section 143(3)

…sessee could not be added as the statement of the third party was recorded after the search and it was not related to the incriminating documents found during the search or evidence relating therefrom. iii. In Vivek Kumar Kanodia V Dy CIT & Vice Versa (2013) 142 ITD 394 (Kol 'A' Trib): (2012) 150 TTJ (Kol 'A' Trib) 462 it was stated that "revenue authorities failed to discharge onus by bringing on record some cogent evidence to disprove the contents of speaking documents, which clearly show sale of gold diamonds and investment in purchase of property and shares etc, which ought to have been accepted, as such, ad…

DCIT, Central Cir-2(3), Chennai vs. Rai Shares & Securities P Ltd, Chennai

The appeals of the revenue stand allowed for statistical purposes

ITA 38/CHNY/2019[2009-10]Status: DisposedITAT Chennai25 Nov 2022AY 2009-10

Bench: Hon’Ble Shri Mahavir Singh & Hon’Ble Shri Manoj Kumar Aggarwal, Am

Section 143(3)

…sessee could not be added as the statement of the third party was recorded after the search and it was not related to the incriminating documents found during the search or evidence relating therefrom. iii. In Vivek Kumar Kanodia V Dy CIT & Vice Versa (2013) 142 ITD 394 (Kol 'A' Trib): (2012) 150 TTJ (Kol 'A' Trib) 462 it was stated that "revenue authorities failed to discharge onus by bringing on record some cogent evidence to disprove the contents of speaking documents, which clearly show sale of gold diamonds and investment in purchase of property and shares etc, which ought to have been accepted, as such, ad…

DCIT, Central Cir-2(3), Chennai vs. Gugnani Leasing and Hire P Ltd, Chennai

The appeals of the revenue stand allowed for statistical purposes

ITA 37/CHNY/2019[2011-12]Status: DisposedITAT Chennai25 Nov 2022AY 2011-12

Bench: Hon’Ble Shri Mahavir Singh & Hon’Ble Shri Manoj Kumar Aggarwal, Am

Section 143(3)

…sessee could not be added as the statement of the third party was recorded after the search and it was not related to the incriminating documents found during the search or evidence relating therefrom. iii. In Vivek Kumar Kanodia V Dy CIT & Vice Versa (2013) 142 ITD 394 (Kol 'A' Trib): (2012) 150 TTJ (Kol 'A' Trib) 462 it was stated that "revenue authorities failed to discharge onus by bringing on record some cogent evidence to disprove the contents of speaking documents, which clearly show sale of gold diamonds and investment in purchase of property and shares etc, which ought to have been accepted, as such, ad…

DCIT, Central Cir-2(3), Chennai vs. Gugnani Leasing and Hire P Ltd, Chennai

The appeals of the revenue stand allowed for statistical purposes

ITA 36/CHNY/2019[2010-11]Status: DisposedITAT Chennai25 Nov 2022AY 2010-11

Bench: Hon’Ble Shri Mahavir Singh & Hon’Ble Shri Manoj Kumar Aggarwal, Am

Section 143(3)

…sessee could not be added as the statement of the third party was recorded after the search and it was not related to the incriminating documents found during the search or evidence relating therefrom. iii. In Vivek Kumar Kanodia V Dy CIT & Vice Versa (2013) 142 ITD 394 (Kol 'A' Trib): (2012) 150 TTJ (Kol 'A' Trib) 462 it was stated that "revenue authorities failed to discharge onus by bringing on record some cogent evidence to disprove the contents of speaking documents, which clearly show sale of gold diamonds and investment in purchase of property and shares etc, which ought to have been accepted, as such, ad…

DCIT, Central Cir-2, Chennai vs. Rajiv Shares & Securities P Ltd, Chennai

The appeals of the revenue stand allowed for statistical purposes

ITA 32/CHNY/2019[2009-10]Status: DisposedITAT Chennai25 Nov 2022AY 2009-10

Bench: Hon’Ble Shri Mahavir Singh & Hon’Ble Shri Manoj Kumar Aggarwal, Am

Section 143(3)

…sessee could not be added as the statement of the third party was recorded after the search and it was not related to the incriminating documents found during the search or evidence relating therefrom. iii. In Vivek Kumar Kanodia V Dy CIT & Vice Versa (2013) 142 ITD 394 (Kol 'A' Trib): (2012) 150 TTJ (Kol 'A' Trib) 462 it was stated that "revenue authorities failed to discharge onus by bringing on record some cogent evidence to disprove the contents of speaking documents, which clearly show sale of gold diamonds and investment in purchase of property and shares etc, which ought to have been accepted, as such, ad…

DCIT, Central Cir-2(3), Chennai vs. Ojasvi Motor Financ P Ltd, Chennai

The appeals of the revenue stand allowed for statistical purposes

ITA 31/CHNY/2019[2012-13]Status: DisposedITAT Chennai25 Nov 2022AY 2012-13

Bench: Hon’Ble Shri Mahavir Singh & Hon’Ble Shri Manoj Kumar Aggarwal, Am

Section 143(3)

…sessee could not be added as the statement of the third party was recorded after the search and it was not related to the incriminating documents found during the search or evidence relating therefrom. iii. In Vivek Kumar Kanodia V Dy CIT & Vice Versa (2013) 142 ITD 394 (Kol 'A' Trib): (2012) 150 TTJ (Kol 'A' Trib) 462 it was stated that "revenue authorities failed to discharge onus by bringing on record some cogent evidence to disprove the contents of speaking documents, which clearly show sale of gold diamonds and investment in purchase of property and shares etc, which ought to have been accepted, as such, ad…

DCIT, Central Circle-2(3), Chennai vs. Ritika Shares & Securities P Ltd, Chennai

The appeals of the revenue stand allowed for statistical purposes

ITA 28/CHNY/2019[2009-10]Status: DisposedITAT Chennai25 Nov 2022AY 2009-10

Bench: Hon’Ble Shri Mahavir Singh & Hon’Ble Shri Manoj Kumar Aggarwal, Am

Section 143(3)

…sessee could not be added as the statement of the third party was recorded after the search and it was not related to the incriminating documents found during the search or evidence relating therefrom. iii. In Vivek Kumar Kanodia V Dy CIT & Vice Versa (2013) 142 ITD 394 (Kol 'A' Trib): (2012) 150 TTJ (Kol 'A' Trib) 462 it was stated that "revenue authorities failed to discharge onus by bringing on record some cogent evidence to disprove the contents of speaking documents, which clearly show sale of gold diamonds and investment in purchase of property and shares etc, which ought to have been accepted, as such, ad…

DCIT, Central Circle-2(3), Chennai vs. Ritesh Shares & Securities P Ltd, Chennai

The appeals of the revenue stand allowed for statistical purposes

ITA 27/CHNY/2019[2009-10]Status: DisposedITAT Chennai25 Nov 2022AY 2009-10

Bench: Hon’Ble Shri Mahavir Singh & Hon’Ble Shri Manoj Kumar Aggarwal, Am

Section 143(3)

…sessee could not be added as the statement of the third party was recorded after the search and it was not related to the incriminating documents found during the search or evidence relating therefrom. iii. In Vivek Kumar Kanodia V Dy CIT & Vice Versa (2013) 142 ITD 394 (Kol 'A' Trib): (2012) 150 TTJ (Kol 'A' Trib) 462 it was stated that "revenue authorities failed to discharge onus by bringing on record some cogent evidence to disprove the contents of speaking documents, which clearly show sale of gold diamonds and investment in purchase of property and shares etc, which ought to have been accepted, as such, ad…

DCIT, Central Cir-2(3), Chennai vs. Rkkr Holdings P Ltd, Chennai

The appeals of the revenue stand allowed for statistical purposes

ITA 160/CHNY/2019[2012-13]Status: DisposedITAT Chennai25 Nov 2022AY 2012-13

Bench: Hon’Ble Shri Mahavir Singh & Hon’Ble Shri Manoj Kumar Aggarwal, Am

Section 143(3)

…sessee could not be added as the statement of the third party was recorded after the search and it was not related to the incriminating documents found during the search or evidence relating therefrom. iii. In Vivek Kumar Kanodia V Dy CIT & Vice Versa (2013) 142 ITD 394 (Kol 'A' Trib): (2012) 150 TTJ (Kol 'A' Trib) 462 it was stated that "revenue authorities failed to discharge onus by bringing on record some cogent evidence to disprove the contents of speaking documents, which clearly show sale of gold diamonds and investment in purchase of property and shares etc, which ought to have been accepted, as such, ad…

DCIT, Central Cir-2(3), Chennai vs. Rkkr Holdings P Ltd, Chennai

The appeals of the revenue stand allowed for statistical purposes

ITA 159/CHNY/2019[2011-12]Status: DisposedITAT Chennai25 Nov 2022AY 2011-12

Bench: Hon’Ble Shri Mahavir Singh & Hon’Ble Shri Manoj Kumar Aggarwal, Am

Section 143(3)

…sessee could not be added as the statement of the third party was recorded after the search and it was not related to the incriminating documents found during the search or evidence relating therefrom. iii. In Vivek Kumar Kanodia V Dy CIT & Vice Versa (2013) 142 ITD 394 (Kol 'A' Trib): (2012) 150 TTJ (Kol 'A' Trib) 462 it was stated that "revenue authorities failed to discharge onus by bringing on record some cogent evidence to disprove the contents of speaking documents, which clearly show sale of gold diamonds and investment in purchase of property and shares etc, which ought to have been accepted, as such, ad…

DCIT, Central Cir-2(3), Chennai vs. Rkkr Holdings P Ltd, Chennai

The appeals of the revenue stand allowed for statistical purposes

ITA 158/CHNY/2019[2010-11]Status: DisposedITAT Chennai25 Nov 2022AY 2010-11

Bench: Hon’Ble Shri Mahavir Singh & Hon’Ble Shri Manoj Kumar Aggarwal, Am

Section 143(3)

…sessee could not be added as the statement of the third party was recorded after the search and it was not related to the incriminating documents found during the search or evidence relating therefrom. iii. In Vivek Kumar Kanodia V Dy CIT & Vice Versa (2013) 142 ITD 394 (Kol 'A' Trib): (2012) 150 TTJ (Kol 'A' Trib) 462 it was stated that "revenue authorities failed to discharge onus by bringing on record some cogent evidence to disprove the contents of speaking documents, which clearly show sale of gold diamonds and investment in purchase of property and shares etc, which ought to have been accepted, as such, ad…

DCIT, Central Cir-2(3), Chennai vs. Rkkr Holdings P Ltd, Chennai

The appeals of the revenue stand allowed for statistical purposes

ITA 157/CHNY/2019[2009-10]Status: DisposedITAT Chennai25 Nov 2022AY 2009-10

Bench: Hon’Ble Shri Mahavir Singh & Hon’Ble Shri Manoj Kumar Aggarwal, Am

Section 143(3)

…sessee could not be added as the statement of the third party was recorded after the search and it was not related to the incriminating documents found during the search or evidence relating therefrom. iii. In Vivek Kumar Kanodia V Dy CIT & Vice Versa (2013) 142 ITD 394 (Kol 'A' Trib): (2012) 150 TTJ (Kol 'A' Trib) 462 it was stated that "revenue authorities failed to discharge onus by bringing on record some cogent evidence to disprove the contents of speaking documents, which clearly show sale of gold diamonds and investment in purchase of property and shares etc, which ought to have been accepted, as such, ad…

Jypore Manufaturing Jewellers Pvt. Ltd., Jaipur vs. JCIT(OSD), Jaipur

In the result appeals filed by assessee are allowed and that of revenue are dismissed

ITA 304/JPR/2014[2009-10]Status: DisposedITAT Jaipur23 Jan 2020AY 2009-10
For Appellant: Shri S.L. Poddar, AdvocateFor Respondent: Shri B.K. Gupta, CIT -DR
Section 153ASection 153C

…l Circle- 3 Jaipur . totality in the interest of natural justice. The concept of Heads I win and tails you lose is alien to the principles of income tax law. (i) CIT vs. Indio Airways Pvt Ltd (2012) 79 DTR 289 (Del) (ii) Vivek Kumar Kathotia vs. DCIT (2013) 142 ITD 394 (Kol. Trib) (iii) Kanti Lal & Brothers vs. Assistant Commissioner of Income Tax 52 ITD 412 (Pune) 2.10 Apropos the estimation of GP declared in regular books, ld. Counsel further contends that the book results have been examined in past making some additions, which on appeals have become final. No incriminating material is found as there was n…